Winship (Michelle) v. State

Prison. The district court is afforded considerable discretion in imposing a sentence, and its determination will not be disturbed absent an abuse of discretion. Randell v. State, 109 Nev. 5, 8, 846 P.2d 278, 280 (1993). Abuse of discretion will be found only when the record shows "prejudice resulting from consideration of information or accusations founded on facts supported only by impalpable or highly suspect evidence." Silks v. State, 92 Nev. 91, 94, 545 P.2d 1159, 1161 (1976). Appellant does not argue that the district court relied on impalpable or highly suspect evidence; therefore, we conclude the district court did not abuse its discretion. Third, appellant contends that her sentence was disproportionate to the facts and circumstances of the case and to the sentences imposed on her codefendants, constituting cruel and unusual punishment. A sentence that falls within the statutory guidelines is not considered cruel and unusual unless the statute is unconstitutional or the sentence is "so unreasonably disproportionate to the offense as to shock the conscience." Blume v. State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (internal quotation marks omitted). There is no legal requirement that codefendants be sentenced to identical terms. Nobles v. Warden, 106 Nev. 67, 68, 787 P.2d 390, 391 (1990) (emphasizing that "sentencing is an individualized process"). Appellant does not allege that the relevant statutes are unconstitutional, and her sentence falls within the statutory guidelines. See NRS 193.130(2)(c); NRS 205.270(1)(a). The instant offense involved appellant taking a wallet, as her codefendants distracted the victim, and then backing a vehicle into a bystander as she fled the scene. We conclude that the sentence imposed is not unreasonably disproportionate to the

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offense and therefore does not constitute cruel and unusual punishment. Accordingly, we ORDER the judgment of the conviction AFFIRMED.

J. Hardesty

Parraguirre

J.

cc: Hon. Steven P. Elliott, District Judge Michael V. Roth Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

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